TERMS AND CONDITIONS
These Terms and Conditions apply to any orders and purchases made on Agro Farm. Agro Farm reserves the right to amend/update this Terms and Conditions at its sole discretion without notice to you.
These terms constitute a legally binding agreement between you and Agro Farm governing your access to and use of the website, including any subdomains thereof, and any other websites through which Agro Farm makes its services available.
Acceptance and Confirmation of Order
You may place an order on the website. The
process for placing an order is as follows:
·
Choose your products and add them to cart
·
Validate the contents of the cart
·
Provide information regarding the client
personal details
·
Indicate remarks as well as preferred payment
method
·
Confirm the order
·
Validate payment
You are able
to see the different stages of the order details and the total price and may
correct any errors before confirming your order, thereby expressing your
acceptance. Payment for the price of the products makes the order final and no
amendment of the order may be entertained by or taken into consideration by the
Agro Farm thereafter. Conclusion of the contract is only effective after
confirmation of the order by Agro Farm. Agro Farm confirms the order by sending
an email to the email address provided. Agro Farm reserves the right to cancel
or refuse to accept any order from a person with whom there is a dispute
concerning payment of a previous order or who, in Agro Farm’s opinion, presents
any form of risk. Any information given by you remains your sole responsibility
and any anomalies generated by you may not be borne by the Agro Farm nor shall
Agro Farm be liable for any loss or damage occasioned thereby, in the event
that it becomes impossible to carry out the order and achieve a successful
outcome.
Unavailability of Products
Agro Farm reserves the right to change the product range at any time and from time to time. Certain offers may have a restricted period of validity that will be indicated for each product or product range. Agro Farm undertakes to honour orders received on the website only within the limits of available stocks. In rare cases, a product that is shown as available on the website may become unavailable after definite registration of the order. In the event that one or several products ordered become(s) unavailable within the time period indicated, Agro Farm undertakes to inform the client of this fact as quickly as possible by email. The order shall be automatically cancelled and the client is reimbursed within 30 days at the latest following full settlement of the amount paid, except where the client expressly wishes to switch his/her order to a substitute product advised by Agro Farm. The client agrees and acknowledges that no penalty shall be applied for such cancellations and that subject to the above, receipt of reimbursement of the amount paid by the client shall be conclusive, and the client waives all rights to claim any penalty or other costs from Agro Farm.
Pricing and Product
Information
Whilst every effort is made to
fulfil orders in terms of price, details and size through the website, Agro
Farm expressly reserves the right to vary the price and other details of the
Products without notice. Fresh produce may vary from photo as fresh, natural
products are never identical even when they are from the same variety and
supplier. As much as Agro Farm tries to reflect the actual Product size,
details and price, Agro Farm is not liable for situations when they differ from
the actual Product.
In circumstances where some
Products size and packaging differ from the description found on the website,
Agro Farm expressly reserves the right to provide the nearest size/packaging
for the product at the nearest price.
In the event of any price
differentials between the online order billing and the final bill whether
arising from but not limited to situations around substitutions, daily price
changes, out-of-stock Products, special price, mislabelling or mispricing, Agro
Farm reserves the right to adjust the final bill after the online bill is
presented/conveyed to the Customer and such adjustment shall be final.
Agro Farm has made every
effort to display the colours of our products that appear on the website as
accurately as possible. However, as the actual colours you see will depend on
your monitor or device, we cannot guarantee that your monitor’s display of any
colour will be accurate.
Agro Farm shall not be liable
to any person for any loss, damage incurred or inconvenience suffered in the
event we decline to fulfil an order for whatever reason including but not
limited to an unforeseen circumstance (including but not limited to lack of
availability, quantity or specification) as the case may be.
When requesting goods by
weight, we reserve the right to supply goods with a weight difference. However
Agro Farm shall make every effort to ensure the weight difference is minimal
and as close to your request.
The cost of the services is
not included in the price of the goods. The information about the cost of the
services is available on the website once you book delivery date.
Payment
You can use a debit or credit card or cash on delivery to pay for your shopping. We accept the following payment providers, issued by banks in Malaysia:
- Visa
- Master
- Debit
Cards
You can also pay via direct
FPX transfer from your bank.
Full payment card
authorisation for the amount corresponding to the total price of goods
(including service charges) that you have requested shall be made at the time
of the order.
Our liability to you in
connection with any order will not exceed the total price charged for the
relevant items.
All payments are in Malaysian
Ringgit only.
Payment information is
transmitted through a secure payment channel using our secure server. Once
payment mode has been selected and order has been submitted, any changes on
payment mode is not possible.
Agro Farm reserves the right
to change the mode or method of payment for products offered online at any time
and you should refer to the Terms & Conditions on the website for the
latest information available.
Limitations
You
may not use the website its services or associated services, for any of the
following purposes:
1. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
2. Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
3. Gaining unauthorised access to other computer systems
4. Interfering with any other person’s use of the website
5. Interfering or disrupting networks or web sites connected to the website
6. Inciting hatred, abusive behaviour, bullying, violence, or any other similar actions towards any group, individual, or organisation based on but not limited to areas of religion, race, language, culture, currency, nationality, sexual orientation, gender identity, social position, economic position, education level, dress, manner, or otherwise.
7. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of Agro Farm.
You
shall indemnify us against all losses, liabilities, costs and expenses
reasonably suffered or incurred by us, all damages awarded against us under any
judgment by a court of competent jurisdiction and all settlements sums paid by
us as a result of any settlement agreed by us arising out/ or in connection
with:
1. any claim by any third party that the use of the website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
2. any claim by any third party that the use of the website by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and
3. any fines or penalties imposed by any private organisation, government authority or related bodies, regulatory, advertising or trading body, or authority in connection with the use of the website by you.
Termination
If you violate any of these Terms and
Conditions, your permission to use the website may be suspended or revoked, and
we reserve the right to suspend or terminate your access to, and use of, the
website at any time without explanation, reason or communication required.
Intellectual
Property
The content of website is protected by
copyright, trade marks, database and other intellectual property rights. You
may retrieve and display the content of the website on a computer screen, store
such content in electronic form on disk (but not any server or other storage
device connected to a network) or print one copy of such content for your own
personal, non-commercial use, provided you keep intact all and any copyright
and proprietary notices. You may not otherwise reproduce, modify, copy or
distribute or use for commercial purposes any of the materials or content on
the website without written permission from us.
No licence is granted to you in these Terms
and Conditions to use any trade mark of Agro Farm.
Prohibition
of Sales Outside the Network
The
products are intended to be sold exclusively through our distribution networks.
It is therefore strictly prohibited to buy products for resale purposes outside
of our networks, in particular, through websites. Over and above an
infringement of our brands and the integrity of our products, such acts may
involve the legal and criminal liability of their perpetrators, where
appropriate.
Applicable
Law and Disputes
The Terms & Conditions,
and any disputes arising from or under the Terms & Conditions shall be
governed by Malaysia law. You agree to submit to the exclusive jurisdiction of
the courts of Malaysia regarding any such dispute.
Miscellaneous
You may not assign, sub-license, or otherwise
transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and
Conditions is found to be invalid by any court having competent jurisdiction,
the invalidity of that provision will not affect the validity of the remaining
provisions of these Terms and Conditions, which shall remain in full force and
effect.
If you breach these Terms and Conditions,
Agro Farm will still be entitled to use its rights and remedies at any and all
later dates or in any other situation where you breach the Terms and
Conditions.
Agro Farm shall not be responsible for any
breach of these Terms and Conditions caused by circumstances beyond its
control.